Kerala High Court dismisses plea to enact law against black magic, witchcraft

The Kerala High Court recently dismissed a plea that sought directions to the State government to enact a law to curb superstitious practices like sorcery and black magic. [Kerala Yukthi Vadi Sanghom v Union of India and others]..A division bench of Chief Justice SV Bhatti and Justice Basant Balaji dismissed the plea on the ground that there was no representation on behalf of the petitioner despite the matter being listed for hearing several times.“No representation for the petitioner on 26.05.2023 in the forenoon and afternoon. There is no representation for the petitioner today also. Hence, we are constrained to dismiss the writ petition for default,” the Court said..The petition was moved by an organisation called Kerala Yukthi Vadi Sanghom, through advocate PV Jeevesh, seeking directions to the State government to enact laws to curb superstitious practices like sorcery and black magic..The plea came to be filed in light of an incident of human sacrifice in the State in which two women were killed and their bodies dismembered.According to the petitioner, this was not the only such incident, rather, the State has been continuously witnessing crimes in connection with superstitious beliefs but only few among them get reported.“It has come to light several cases of human sacrifices and other types of assaults in connection with the superstitious belief of black magic and witchcraft. For the purpose of god’s grace, financial gains, getting jobs, resolving family problems, the birth of children, and for several other desires, some people are practicing black magic and witchcraft of which people belong to the downtrodden, and the children and women are mostly the victims,” the petition stated..The petitioner-organisation claimed to have approached both the Central and State governments, preferred several mass petitions, and submitted model bills for the statute, seeking an adequate enactment of a law to combat the issue.However, since no action was seen to be taken, the plea sought directions in the nature of a "reminder" to the State government to enact a law prohibiting the practice of black magic, witchcraft or sorcery and other inhuman, evil and sinister practices..The plea also sought directions to the government to consider and take a decision on the recommendation of the Law Reforms Commission report of 2019, submitted by Justice KT Thomas with regard to the enactment of The Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019..Pertinently, the petitioner contended that there are many films, telefilms, and advertisements on television, YouTube and OTT platform that show superstitious practices, that prompt people to indulge in such activities.Therefore, the plea sought directions to take action against producers, directors, writers and actors of movies, serials and telefilms on big screens, TV and online platforms that promote superstitious beliefs.The petitioner further prayed that advertisement of books with regard to black magic on internet sites be declared illegal..In October last year, the State government had informed the Court that it is actively considering enacting an anti-superstition legislation. However, since no one appeared on behalf of petitioner had no when the case was posted for hearing, the Court decided to dismiss it for default..[Read Judgment]